Appellee=3Ds Motion for Rehearing Granted; Opinion =
of=20
November 30, 2006, Withdrawn; Vacated, Remanded, and Dismissed; =
and=20
Substitute Opinion filed February 22, 2007.
In The
Fourteenth=20
Court of Appeals
____________
NO. 14-06-00638-CV
____________
CITY OF HOUSTON, Appellant
V.
RIVERCREST CIVIC=20
ASSOCIATION, Appellee
On Appeal from the =
County=20
Civil Court at Law No. 3
Harris County,=20
Texas
Trial Court Cause =
No. 858660
S U B S T=20
I T U T E M E M O R A N D U M O P I N I O=20
N
This is an appeal =
from a=20
judgment signed June 16, 2006.
On November 20, 2006, =
the=20
parties filed a joint motion to reverse the judgment and remand =
the cause=20
to the trial court for rendition of judgment of dismissal with =
prejudice=20
pursuant to the parties=3D agreement. =
See=20
Tex. R. App. P.=20
42.1. On November 30, 2006, this court granted the =
motion and=20
issued an opinion, reversing the trial court=3Ds judgment and =
remanding to the=20
trial court for entry of judgment of dismissal with prejudice in=20
accordance with the parties=3D agreement. =
Appellee=20
subsequently filed a motion for rehearing, asking that we withdraw =
our=20
opinion of November 30, 2006, and issue an opinion vacating the =
trial=20
court=3Ds judgment, remanding =
to the=20
trial court for entry of judgment of dismissal with prejudice in=20
accordance with the parties=3D agreement, and =
dismissing the=20
appeal. We requested a response and appellant filed a =
response,=20
reflecting no opposition
We grant =
appellee=3Ds motion for=20
rehearing.
Accordingly, the =
judgment is=20
vacated, the cause is remanded to the trial court for entry of =
judgment of=20
dismissal with prejudice in accordance with the =
parties=3D agreement, and the =
appeal is=20
dismissed.
PER CURIAM
Judgment rendered and Opinion filed =
February 22,=20
2007.
Panel consists of Justices Anderson, =
Hudson, and=20
Guzman.
|